Submitted by Juggler on Thu, 04/30/2009 - 12:10
In Massachusetts, what is the statute of limitations for a case where a doctor and, I think, a hospital were negligent?
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Editor's Response
For medical malpractice and other types of personal injury claims, the statute of limitations is three years, meaning you have three years to file a claim, starting from the moment you knew or should have known the injury occurred. However, Massachusetts law recognizes exceptions to this rule.
One of the exceptions provided by Massachusetts law is known as the “discovery rule.” In cases where the injured party is unaware of the cause of his injury, or that he has been injured, the period specified in the statute does not begin to run until the injured party discovers, or should reasonably have discovered, his injury. So, for example, although medical malpractice claims must ordinarily be commenced within three years of the act or omission causing the injury,in cases where a foreign object is left in the body the period of limitations does not begin to run until the injured party discovers or should have discovered the object.
However, except in cases dealing with foreign objects left in the body, no medical malpractice case may be filed more than 7 years after the date of the act or omission that caused the injury. This bar to bringing a claim is known as the statute of repose. The bottom line: Contact an attorney as soon as you become aware that you have been, or may have been injured. Good luck, and please tell your friends about The Forum.